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Text of the More Water, More Energy, and Less Waste Act of 2007

This bill was introduced in a previous session of Congress and was passed by the House on March 19, 2007 but was never passed by the Senate. The text of the bill below is as of Jun 28, 2007 (Reported by Senate Committee).

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Source: GPO

II

Calendar No. 256

110th CONGRESS

1st Session

H. R. 902

[Report No. 110–122]

IN THE SENATE OF THE UNITED STATES

March 20, 2007

Received; read twice and referred to the Committee on Energy and Natural Resources

June 28, 2007

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

AN ACT

To facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources.

1.

Short title, findings, and purpose

(a)

Short Title

This Act may be cited as the More Water and More Energy Act of 2007.

(b)

Findings

The Congress finds the following:

(1)

Development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources.

(2)

Some of this produced water is used for irrigation or other purposes, but most of it is returned to the subsurface.

(3)

Reducing the amount of produced water returned to the subsurface, and increasing the amount that is made available for irrigation and other uses—

(A)

would augment water supplies;

(B)

could reduce the costs to energy developers for disposing of such water; and

(C)

in some instances could increase the efficiency of energy development activities.

(4)

It is in the national interest to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment.

(c)

Purpose

The purpose of this Act is to facilitate the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment, and to demonstrate ways to accomplish that result.

2.

Definitions

In this Act:

(1)

Produced water

The term produced water means water from an underground source, that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coalbed methane, or any other substance to be used as an energy source.

(2)

Secretary

The term the Secretary means the Secretary of the Interior.

(3)

Upper basin states

The term Upper Basin States means the States of Colorado, New Mexico, Utah, and Wyoming.

(4)

Lower basin states

The term Lower Basin States means the States of Arizona, California, and Nevada.

3.

Identification of problems and solutions

(a)

Study

The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, shall conduct a study to identify—

(1)

the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality or the environment; and

(2)

the legislative, administrative, and other actions that could reduce or eliminate such obstacles.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate regarding the results of the study required by this section.

4.

Implementation

(a)

Grants

Within existing authorities and subject to the availability of funds appropriated for the purpose, the Secretary shall provide financial assistance for the development of facilities to demonstrate the feasibility, effectiveness, and safety of processes to increase the extent to which produced water may be recovered and made suitable for use for irrigation, municipal or industrial uses, or other purposes without adversely affecting water quality or the environment.

(b)

Limitations

Assistance under this section—

(1)

shall be provided for—

(A)

at least one project in one of the Upper Basin States other than New Mexico;

(B)

at least one project in either New Mexico or one of the Lower Basin States other than California;

(C)

at least one project in California; and

(D)

at least one project in Texas;

(2)

shall not exceed $1,000,000 for any project;

(3)

shall be used to pay not more than 50 percent of the total cost of a project;

(4)

shall not be used for operation or maintenance of any facility; and

(5)

may be in addition to assistance provided by the United States pursuant to other provisions of law.

5.

Consultation, advice, and comments

In implementing this Act, including preparation of the report required by section 3 and the establishment of criteria to be used in connection with award of financial assistance pursuant to section 4, the Secretary shall—

(1)

consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials;

(2)

review any relevant information developed in connection with research carried out by others, including research carried out pursuant to section 999 of Public Law 109–58, and to the extent the Secretary considers advisable include such information in the report required by section 3;

(3)

seek the advice of individuals with relevant professional or academic expertise and of companies or individuals with industrial experience, particularly experience related to production of oil, natural gas, or other energy resources, including geothermal resources; and

(4)

solicit comments and suggestions from the public.

6.

Relation to other laws

Nothing in this Act shall be construed as superseding, modifying, abrogating, or limiting—

(1)

the effect of any State law or any interstate authority or compact with regard to any use of water or the regulation of water quantity or quality; or

(2)

the applicability or effect of any Federal law or regulation.

7.

Authorization of appropriations

There are authorized to be appropriated—

(1)

$1,000,000 to implement section 3; and

(2)

$5,000,000 to implement section 4.

1.

Short title, findings, and purpose

(a)

Short Title

This Act may be cited as the More Water, More Energy, and Less Waste Act of 2007.

(b)

Findings

The Congress finds that—

(1)

development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources;

(2)

some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste;

(3)

reducing the quantity of produced water returned to the subsurface and increasing the quantity of produced water that is made available for irrigation and other uses—

(A)

would augment water supplies;

(B)

could reduce the costs to energy developers for disposing of the water; and

(C)

in some cases, could increase the efficiency of energy development activities; and

(4)

it is in the national interest—

(A)

to limit the quantity of produced water disposed of as waste;

(B)

to optimize the production of energy resources; and

(C)

to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment.

(c)

Purposes

The purposes of this Act are—

(1)

to optimize the production of energy resources—

(A)

by minimizing the quantity of produced water; and

(B)

by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment; and

(2)

to demonstrate means of accomplishing those results.

2.

Definitions

In this Act:

(1)

Lower Basin State

The term Lower Basin State means any of the States of—

(A)

Arizona;

(B)

California; and

(C)

Nevada.

(2)

Produced water

The term produced water means water from an underground source that is brought to the surface as part of the process of exploration for, or development of—

(A)

oil;

(B)

natural gas;

(C)

coalbed methane; or

(D)

any other substance to be used as an energy source.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Upper Basin State

The term Upper Basin State means any of the States of—

(A)

Colorado;

(B)

New Mexico;

(C)

Utah; and

(D)

Wyoming.

3.

Identification of problems and solutions

(a)

Study

The Secretary shall conduct a study to identify—

(1)

the technical, economic, environmental, and other obstacles to reducing the quantity of produced water;

(2)

the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality or the environment;

(3)

the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in paragraphs (1) and (2); and

(4)

the costs and benefits associated with reducing or eliminating the obstacles identified in paragraphs (1) and (2).

(b)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under subsection (a).

4.

Implementation

(a)

Grants

Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of—

(1)

optimizing energy resource production by reducing the quantity of produced water generated; or

(2)

increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment.

(b)

Limitations

Assistance under this section—

(1)

shall be provided for—

(A)

at least 1 project in each of the Upper Basin States; and

(B)

at least 1 project in at least 1 of the Lower Basin States;

(2)

shall not exceed $1,000,000 for any project;

(3)

shall be used to pay not more than 50 percent of the total cost of a project;

(4)

shall not be used for the operation or maintenance of any facility; and

(5)

may be in addition to assistance provided by the Federal Government pursuant to other provisions of law.

5.

Consultation, advice, and comments

In carrying out this Act, including in preparing the report under section 3(b) and establishing criteria to be used in connection with an award of financial assistance under section 4, the Secretary shall—

(1)

consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials;

(2)
(A)

review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and

(B)

to the extent the Secretary determines to be advisable, include that information in the report under section 3(b);

(3)

seek the advice of—

(A)

individuals with relevant professional or academic expertise; and

(B)

individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and

(4)

solicit comments and suggestions from the public.

6.

Relation to other laws

Nothing in this Act supersedes, modifies, abrogates, or limits—

(1)

the effect of any State law or any interstate authority or compact relating to—

(A)

any use of water; or

(B)

the regulation of water quantity or quality; or

(2)

the applicability or effect of any Federal law (including regulations).

7.

Authorization of appropriations

There are authorized to be appropriated—

(1)

$1,000,000 to carry out section 3; and

(2)

$7,500,000 to carry out section 4.

June 28, 2007

Reported with an amendment